Philadelphia EB-5 Investor Visa Lawyers

Immigration Attorneys for Investors Who Need a Firm that Can Fight Back

The EB-5 program offers a direct path to U.S. permanent residency through qualifying capital investment. But the process spans years, involves multiple rounds of USCIS scrutiny, and can unravel at any stage without careful legal preparation. At Henry & Grogan, we represent foreign investors at every stage of the EB-5 process, from the initial I-526E petition through removal of conditions, before USCIS offices across the country. What sets us apart isn’t just familiarity with the process. It’s our ability to pursue federal court remedies when agencies get it wrong.

Michael S. Henry has practiced immigration and regulatory law since 1987, with an appellate record that includes overturning state regulations. Devin E. Grogan has practiced immigration law since 2017 and is a member of the American Immigration Lawyers Association and the American Bar Association. She has personally attended hundreds of USCIS interviews on behalf of clients and has obtained emergency injunctions in federal court to stop deportation. Make our partners' experience and acumen your advantage. 

EB-5 cases involve substantial capital, long timelines, and close USCIS scrutiny. Contact Henry & Grogan at (215) 568-1500 to schedule your free initial consultation and discuss whether the program is the right path for you.

EB-5 Investment Requirements Under Current Law

The EB-5 Immigrant Investor Program was established by Congress in 1990 to channel foreign capital into the U.S. economy through job-creating investments. In exchange, qualifying investors, their spouses, and their unmarried children under 21 may become eligible for permanent residency. 

The program is administered by USCIS and structured around two investment paths:

• Direct investment: The investor creates and actively manages a new commercial enterprise, placing capital directly into a business they control.
• Regional Center investment: The investor contributes capital to a USCIS-approved pooled fund managed by a third party. This is a passive path and by far the more commonly used route.

Under the EB-5 Reform and Integrity Act of 2022, the minimum investment is $1,050,000 for standard investments and $800,000 for investments in a Targeted Employment Area (TEA). This is a rural area or a region where unemployment runs at least 150% of the national average. These thresholds are subject to periodic inflation-based adjustment under the 2022 law.

Regardless of path, the investment must meet three core requirements:

• The capital must be fully at risk. Any assurance of return disqualifies the petition. 
• It must create or preserve at least 10 full-time jobs for qualifying U.S. workers, not the investor or immediate family. Regional center investors may count both direct and indirect job creation toward this threshold.
• The enterprise must be a qualifying new commercial enterprise. A for-profit entity established after November 29, 1990, or an older business that was restructured or expanded to achieve at least a 40% increase in net worth or employee count. Eligible structures include corporations, partnerships, joint ventures, sole proprietorships, and holding companies and their wholly owned subsidiaries.

The EB-5 Petition Process: From I-526E to I-829

The EB-5 path to permanent residency involves several distinct USCIS filings, and each stage carries its own documentation requirements and risk of challenge.

Step 1: The I-526E Petition

Regional center investors file Form I-526E with USCIS to establish that the investment qualifies and that capital was lawfully obtained. Source-of-funds documentation is the most frequently challenged component. USCIS expects comprehensive evidence: tax returns, business records, wire transfer records, and supporting financial history. Gaps or inconsistencies in this documentation are among the most common reasons petitions are delayed or denied. This is also the point where experienced legal representation can make the clearest difference.

Step 2: Immigrant Visa or Adjustment of Status

If the I-526E is approved and a visa number is available, investors outside the United States apply for an immigrant visa through a U.S. consulate. Investors already in the U.S. may apply for adjustment of status. One meaningful benefit introduced by the 2022 Reform and Integrity Act is concurrent filing: investors whose priority date is current may file the I-526E and their adjustment of status application at the same time, allowing them to remain in the U.S. and apply for work authorization while the petition is pending. Whether concurrent filing is available depends on your country of birth and current visa availability. An attorney can assess your specific situation.

Step 3: Conditional Green Card and I-829

Approval grants conditional permanent residence, valid for two years. During the 90-day window before that status expires, the investor files Form I-829 to remove the conditions by demonstrating that the investment was maintained and 10 qualifying jobs were created or preserved. The 2022 RIA also created visa set-asides: 20% for rural TEA investments, 10% for high-unemployment TEA investments, and 2% for infrastructure projects. These set-asides may reduce wait times for investors who qualify.

USCIS may issue Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs) at any stage of the process. Responding effectively requires organized documentation and familiarity with how USCIS adjudicators evaluate EB-5 cases.

Protecting You from EB- 5 Fraud

Our law firm is regularly called upon to provide legal guidance and representation as individuals seek to navigate the Immigrant Investor Program. Commonly referred to as the EB-5 investor visa, the program was launched decades ago to help stimulate the U.S. economy in exchange for permanent residency. There are numerous stipulations that must be met to gain eligibility for an EB-5 visa. 

Unfortunately, there is little oversight in place to protect either the investors or the businesses from fraudulent activity. 

Issues can arise in any type of immigration case, but EB-5 cases can be highlighted by two different examples.

• A foreign businessman invests in a new enterprise that meets the government requirements for the EB-5 program. While everything appears to be running smoothly, the investor soon realizes that the individuals operating the business have absconded with his money and he’s now in danger of being removed from the country.
• A U.S. business accepts an investment from a foreign national only to later realize that the funds were acquired illegally in the country of origin.

Immigrant investor fraud is a serious crime with severe penalties. The legal process exists to help individuals protect themselves and hold those accountable for their illicit activity. 

Why Philadelphia Investors Work With Henry & Grogan

An EB-5 case is a multi-year commitment involving a substantial capital outlay, two rounds of USCIS petitions, and the possibility of agency challenges at each stage. The attorneys at Henry & Grogan bring federal litigation capability to every investor case. They offer more than familiarity with USCIS forms.

Devin Grogan has obtained emergency injunctions in federal court to prevent deportation. This remedy requires both procedural knowledge and the willingness to take USCIS to court. Michael Henry’s appellate advocacy includes successfully overturning state regulations. His cases continue to be cited in state and federal court. When a case stalls due to prolonged processing delays or an erroneous denial, we file mandamus actions in federal court to compel resolution. We argue appeals before the Board of Immigration Appeals and the Third Circuit Court of Appeals and have obtained dismissals, reversals, and emergency stays on behalf of clients.

Devin has personally attended hundreds of USCIS interviews across a range of immigration matters, giving her direct insight into how adjudicators approach documentation and investor inquiries. That experience shapes how we build and present EB-5 petitions. We represent clients before USCIS offices and immigration courts nationwide, not just in the Philadelphia area.

Both partners came to this work with more than legal credentials. Devin spent two years as an AmeriCorps Construction Crew Leader at Habitat for Humanity Philadelphia before law school. Michael performs pro bono immigration work through Catholic Social Services. These aren’t footnotes. They reflect why the firm was built around affordable rates and genuine access to quality legal help.

Start With a Free Consultation

If you’re evaluating the EB-5 program, the right time to speak with an attorney is before you commit capital. We offer free initial consultations to help you understand your eligibility, assess your source-of-funds documentation, and determine which investment path fits your situation. Our rates are designed to make quality legal guidance accessible, even on decisions of this scale.

We represent EB-5 investors before USCIS and immigration courts across the country. To speak with an attorney at Henry & Grogan, call (215) 568-1500.

Not sure where to start? Your first conversation with us costs nothing.

Free Consultation